--- title: "Ad Law News and Views - November 13, 2021" date: 2021-11-13T00:00:00-05:00 author: Import Bot canonical_url: "https://www.kelleydrye.com/viewpoints/newsletters/ad-law-news-and-views/ad-law-news-and-views-november-13-2021" section: Newsletter Issues --- # Ad Law News and Views - November 13, 2021 November 13, 2021 UPCOMING EVENTS #### [Basics of Advertising: A New Take on Substantiation, Disclosures & Social Media](%5C) ###### Association of National Advertisers November 15, 2021”,“Webinar [Gonzalo Mon](%5C) [Register](%5C) #### [The Federal Privacy Forecast: Are Privacy Laws or Regulations Likely, and How Will They Treat Digital Advertising?](%5C) ###### IAB Public Policy and Legal Summit November 16, 2021”,“Webinar [Alysa Hutnik ](%5C)and[ Jesica Rich](%5C) [Register](%5C) #### [The FTC Warning Letter: What Direct Sellers Should Know](%5C) ###### Social Selling News November 18, 2021”,“Webinar [John Villafranco](%5C) [Register](%5C) #### [Updates in Litigation Risks: Product Liability, Private Litigation, and Consumer Class Actions](%5C) ###### Food and Drug Law Institute December 10, 2021”,“Webinar [Donnelly McDowell](%5C) [Register](%5C) **LATEST UPDATES** Get these and other stories in real time when you subscribe to the Ad Law Access blog [here](%5C) or visit the Advertising and Privacy Law Resource Center [here](%5C). #### [The Section 13(b) Fix: Stand-Still on the Hill?](%5C) Following [House passage of 13(b) legislation this summer](%5C), Congressional Democrats seem to have lost some of the urgency with which they were moving to strengthen the FTC’s penalty authorities in the wake of the Supreme Court’s *AMG* decision. This is partly due to their preoccupation with a months’-long effort to move President Biden’s ​“Build Back Better” agenda and partly due to the need for some degree of bipartisan consensus in the Senate. With the caveat that Congress can – and often does – surprise us, the prospects for a 13(b) fix any time soon remain murky at best. #### [State Attorneys General Lay Out Consumer Protection Priorities for 2022](%5C) For the first time in two years, State Attorneys General and their key consumer protection staff have gathered in Washington D.C. to attend the [National Association of Attorneys General Fall Consumer Protection conference](%5C). For State AG staff in particular, this meeting, and its Spring counterpart, may be the most important and well attended event of the year with over 400 attendees total. Priorities for the Attorneys General are often shaped at these meetings, and they present a unique opportunity for industry to get insight. #### [Paul Singer Joins Kelley Drye’s State AG Practice](%5C) We are thrilled to welcome Texas Associate Deputy Attorney General Paul Singer to the firm’s growing State Attorneys General practice group. On the heels of former top Federal Trade Commission (FTC) official Laura Riposo VanDruff joining the firm, Paul’s addition further strengthens Kelley Drye’s ability to help clients prepare for the future of consumer protection law, and to advise clients facing State Attorneys General investigations, as well as investigations brought by the FTC, Consumer Financial Protection Bureau, and local and county District Attorneys’ offices. #### [NAD Updates Fast-Track SWIFT Process](%5C) Last month, we posted about the FTC’s [warning letters](%5C) to marketers reminding them that they need to ensure that influencer posts and incentivized reviews include appropriate disclosures. And, shortly after that, we posted about the FTC’s [new policy statement](%5C) warning marketers that they need to clearly disclose the terms of their subscription offers. Mindful of the FTC’s recent actions, this morning, NAD announced a new, streamlined lane of the expedited Fast-Track SWIFT challenge submission process, one designed specifically to address the prominence and sufficiency of disclosures in national ads. This is an update to the process that was [launched in 2020](%5C). #### [How Lina Khan’s FTC Does Business – What We’ve Learned So Far](%5C) Lina Khan was appointed FTC Chair in June of this year, about five months ago as of this writing. Even before she arrived, she [promised](%5C) to bring bold new thinking to the agency and to change the way it does business. In previous blogposts, we highlighted Khan’s [vision](%5C) for the agency, her plans for [privacy](%5C), and the FTC’s aggressive use of [penalty offense warning letters](%5C), among many other topics. In this blogpost, we’re focusing on how Khan is changing the process and tone at the agency. **Kelley Drye attorneys and industry experts provide timely insights on legal and regulatory issues that impact your business. Our thought leaders keep you updated through** [**advisories and articles**](%5C)**,** [**blogs**](%5C)**,** [**newsletters**](%5C)**,** [**podcasts**](%5C) **and** [**resource centers**](%5C)**.** [**Sign up here**](%5C) **to receive our email communications tailored to your interests.** ****Follow us on** [**LinkedIn**](%5C) **and** [**Twitter**](%5C) **for the latest updates.**** TOP READS THIS WEEK - #### [It Ain’t Easy Being Yeezy: California Sues Kanye West’s Apparel Brand for Alleged Shipping Delays](%5C) - #### [TCPA Tracker - October 2021](%5C) - #### [FTC Blankets Companies With Warning Letters Over Endorsements and Reviews](%5C) - #### [CPRA Update: How to Prepare for Privacy Compliance as an Employer](%5C) - #### [Chopra, Khan, Slaughter Take Control of the Federal Trade Commission](%5C) - #### [California Updates its Automatic Renewal Law](%5C) - #### [Flexing the Agency’s Muscles: What FTC Notice of Penalty Offenses Really Means for Advertisers](%5C) - #### [Next Up – Earnings Claims: Notice of Penalty Offenses Sent to 1,100 Direct Selling Companies and Others in the Gig Economy](%5C) - #### [FTC to Increase Enforcement on Subscription Services](%5C) - #### [NAD Addresses Green Claims About Current Practice and Future Goals](%5C) - #### [Read This Before Scanning A Driver’s License In New Jersey](%5C) - Share this entry - - - - - [ View entry pdf ](https://s3.amazonaws.com/cdn.kelleydrye.com/content/uploads/pdf-snapshots/ad-law-news-and-views-november-13-2021-20240119152903.pdf) ### Related Services - [California Consumer Privacy Act (CCPA)](https://www.kelleydrye.com/trending/california-consumer-privacy-act-ccpa) - [Dietary Supplements and Functional Foods](https://www.kelleydrye.com/industries/dietary-supplements-and-functional-foods) - [Consumer Class Action Defense](https://www.kelleydrye.com/practices/consumer-class-action-defense) - [Advertising and Marketing](https://www.kelleydrye.com/practices/advertising-and-marketing) - [Antitrust](https://www.kelleydrye.com/practices/antitrust) - [Consumer Product Safety Regulation](https://www.kelleydrye.com/practices/consumer-product-safety-regulation) - [Privacy and Information Security](https://www.kelleydrye.com/practices/privacy-and-information-security) - [Food and Drug](https://www.kelleydrye.com/industries/food-and-drug)